DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broadspectrum (Australia) Pty Ltd
(AG2019/2200)

BROADSPECTRUM (RAIL INFRASTRUCTURE MAINTENANCE SERVICES - AL) ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2019

Application for approval of the Broadspectrum (Rail Infrastructure Maintenance Services-AL) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Broadspectrum (Rail Infrastructure Maintenance Services-AL) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broadspectrum (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Rail, Tram and Bus Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 July 2019 and, in accordance with s.54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Broadspectrum (Rail Infrastructure Maintenance Services-AL) Enterprise Agreement 2018. The respondents to the application included various unions representing employees in the relevant industry. The central issue before the Commission was whether the proposed enterprise agreement was fair and reasonable for the purposes of section 230 of the Fair Work Act 2009. The Commission needed to consider whether the agreement was genuinely negotiated, whether it provided for appropriate processes for the resolution of disputes and contained fair terms and conditions, and whether it complied with the good faith bargaining requirements under the Act.

The Commission examined the negotiation process and found that it was conducted in good faith. The parties engaged in a series of meetings and exchanges, with the employer providing information and the unions responding with their own proposals. The Commission considered that the agreement contained fair and reasonable terms and conditions, taking into account the nature of the industry, the parties' respective positions, and the broader economic context. The Commission also found that the agreement provided for appropriate processes for the resolution of disputes and that it complied with the requirements of the Act.

In light of the findings, the Fair Work Commission approved the Broadspectrum (Rail Infrastructure Maintenance Services-AL) Enterprise Agreement 2018. The Commission was satisfied that the agreement met the necessary criteria for approval and that it would provide a fair and reasonable outcome for all parties involved. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009, and the agreement is now in effect for the specified period.

Broadspectrum (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established